Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Nathrao
Insolvency N Gst Professional
+1 Other

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Dear Experts, I am pregnant and working in pvt. organization for the last one year. My due date is in sept. Last month my boss/ hr has moved me in variable pay structure stating in mail that it is for only this quarter where i will get only 50% of salary till june and rest of 50% will be provided based on company and my performance.

Later they forced me to resign as well. As there is no position for me. After a week they said i won't get any rest of 50% of my salary for these 3 months and after june for next quarter i.e Q3 they will give me only 25% of salary till sept month because my role or team got redundant and company is facing financial crisis in this COVID-19 situation and they don't have amount to pay me. So they are doing layoffs as well.

My concerns are :

1. How do i take actions based on this?

2. How can i claim my rest of 50% salary?

3. Is there any rule for us, if they ask me to continue with this 25% salary?

So Kindly do let me know any options available for me to avail maternity leaves and benefits with full salary payment.

From India, Mumbai
Have you officially informed the company about your pregnancy?
The actions of the company are in violation of Sec5 and 12 of Maternity Benefits Act.
Kindly put your points in writing to the company and ask for solution in view of legal position and protection offered by law.
If nothing comes out of your letter,consider going to Labour officer of the area with problems.
Covid is a big issue,but an employee cannot be dismissed,pay cut etc so easily.

From India, Pune
If poster's description is factually correct, her forced/coerced resignation during her pregnancy tantamounts to" constructive dismissal". Therefore, in addition to the suggestions of Mr.Nathrao, it is advisable that she sends a thirty days notice to the employer of her intention of making a complaint to the District/State/National Authority under the Disaster Management Act,2005 also.
From India, Salem
Thank you all for your valuable response. I have decided to contact Labour officer in near future.
I have already sent an email to HR regarding my pregnancy details including letter from my doctor, confirming my pregnancy .
Company's HR is repeatedly calling and saying that they don't have work to give me and i am no longer contributing in productivity. Also she forced me to agree on 25% of salary till Nov month which i denied. I asked her to provide me these details in email (discussion which we had over call regarding my salary) but they didn't gave anything in written.
As of now i dropped an email to company asking my pending salary for last month.
Kindly add if any action need from my side.
Thanks in advance!

From India, Mumbai
Dear madam,
From the face of it, the company's management is knowingly attempting to deprive you of your legal right under the MB Act/aRules for full salary and protection from terminating during the pregnancy and also blatant violations of the Disaster Management Act.
As advised by the learned colleagues, keep sending appeals/ notices to the top authority demanding full salary and refraining from terminating your service during your pregnancy as well as lockdown period by keeping the government authorities in the loop.( Labour commissioner and District Authority)
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
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